2019 ZipTour® Release and Indemnity Agreement
I, the undersigned, and if a minor, my legal guardian and I, in consideration of being allowed to participate in Sundance Partners, Ltd.’s (“Sundance”) ZipTour® (the “Activity”), represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in the Activity which involves riding a chair lift, sliding on an elevated and tensioned track cable while wearing a harness and associated hardware and holding onto and engaging a brake dampening system. The Activity involves high elevations and high rates of speed.
Physical and Mental Health: The Activity is designed for participants of average mobility and strength who are in reasonably good health. I understand that certain factors including but not limited to pregnancy, back or spine problems, heart or lung issues, high blood pressure, arthritis, tendonitis, fear of heights and other physical and psychological conditions may impair the safety and well-being of participants in the Activity. The Activity is not recommended for anyone who has a history of neck, back or spine injuries. Participants with underlying medical problems that put them at greater risk of injury or illness during the Activity must carefully consider those risks before choosing to participate.
By signing this release you represent and warrant that:
- I am not pregnant;
- I am at least ten years old;
- I am between 50 and 260 pounds; and
- I am between 48” to 82” tall.
Acknowledgment of Risks: There are certain risks associated with the Activity. I understand that some of the risks include fear and panic, psychological trauma, scrapes, head injuries, bruises, cuts, broken bones, bites, stings, sprains, neurological, damage or loss to personal property and, in extraordinary cases, even death. The property on which the Activity is conducted includes hilly, rocky and wooded terrain, cliffs, ravines, creek beds and potential harmful plants, animals and insects. Injuries may result from environmental hazards (including terrain and weather), use of the chair lifts (including but not limited to loading and unloading), mechanical breakdown, errors in judgment or failure to exercise reasonable care by staff or participants in the Activity, or otherwise, and may occur in spite of the reasonable efforts of staff to prevent them. The risks include the negligent actions of Sundance Partners, Ltd., its owners and their affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”). The undersigned expressly agrees to assume all risks of any loss, damage or injury resulting in any way from the Activity, including any negligence of the Released Parties.
Release of Liability: To the fullest extent allowed by law, I agree to fully release the Released Parties from all liability for damages, injuries, or claims, including any from the negligence of Sundance to myself or any other person or property, which in any way result in whole or in part from my participation in the Activity.
No Lawsuit/Hold Harmless: To the fullest extent allowed by law, I agree not to file any lawsuit against the Released Parties, and to indemnify the Released Parties and hold them harmless for any damages, injuries, judgments or lawsuits, resulting from my participation in the Activity. I agree that my obligation not to sue and to indemnify and hold the Released Parties harmless applies even if they are negligent and includes repayment of all attorneys’ fees and costs incurred by the Released Parties. I agree that any lawsuit that I file against the Released Parties shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
Photography Release: I give Sundance permission to take and use photographs, video recordings or movies of myself (or my minor) taken during the Activity to be used in marketing and/or public relations material in the promotion of Sundance.
Final and Complete Agreement: I understand and agree that this contract is binding upon my heirs and legal representatives and is a final and complete agreement. If portions of this agreement are invalid, then I agree that the remaining portions will remain enforceable. You agree that your participation in the Activity was conditioned on your acceptance of this agreement. My participation in the Activity is proof of my acceptance of the terms of this agreement.
I HAVE READ, UNDERSTAND FRONT & BACK AND VOLUNTARILY SIGN THIS RELEASE & INDEMNITY AGREEMENT.
Persons under the age of 18 are required to have an Adult Responsible Party or Legal Guardian read and countersign this agreement.
Persons under the age of 18 (“minor”) are required to have an authorized parent or legal guardian (hereinafter “Adult Responsible Party”) read and sign this Agreement. To the fullest extent allowed by law, the Adult Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this Agreement. The Adult Responsible Party agrees with and acknowledges Adult Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue Sundance including for negligence and/or wrongful death. The Adult Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to education, control and protect the minor from all of the risks involved in the Activity. The Adult Responsible Party agrees to make all decisions concerning the minor’s participation, abilities, use of the area and involvement in the Activity. The Adult Responsible Party agrees to pay all medical bills incurred by the minor and waives all rights of subrogation against Sundance.